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Legislative and Regulatory Reform Act 2006

Status:

This is the original version (as it was originally enacted).

Part 3Legislation relating to the European Communities etc

Interpretation of legislation

25References to Community instruments

(1)In the Interpretation Act 1978 (c. 30), after section 20 insert—

20AReferences to Community instruments

Where an Act passed after the commencement of this section refers to a Community instrument that has been amended, extended or applied by another such instrument, the reference, unless the contrary intention appears, is a reference to that instrument as so amended, extended or applied.

(2)In that Act, in section 22(1) (application to Acts and Measures), after “passed after the commencement of this Act” insert “(subject, in the case of section 20A, to the provision made in that section)”.

(3)In that Act, in section 24 (application to Northern Ireland), after subsection (3) insert—

(3A)Section 20A applies to Northern Ireland legislation as it applies to Acts.

(4)In the Scotland Act 1998 (Transitory and Transitional Provisions) (Publication and Interpretation etc of Acts of the Scottish Parliament) Order 1999 (S.I. 1999/1379), in Schedule 1 (statutory interpretation and operation) at the end insert—

References to Community instruments

16Where an Act of the Scottish Parliament passed after the commencement of this paragraph refers to a Community instrument that has been amended, extended or applied by another such instrument, the reference, unless the contrary intention appears, is a reference to that instrument as so amended, extended or applied.

26EEA agreement and EEA state

(1)In the Interpretation Act 1978 (c. 30), in Schedule 1 (defined expressions), after the definition of “Crown Estate Commissioners” insert—

“EEA agreement” means the agreement on the European Economic Area signed at Oporto on 2nd May 1992, together with the Protocol adjusting that Agreement signed at Brussels on 17th March 1993, as modified or supplemented from time to time. [The date of the coming into force of this paragraph.]

“EEA state”, in relation to any time, means—

(a)a state which at that time is a member State; or

(b)any other state which at that time is a party to the EEA agreement. [The date of the coming into force of this paragraph.]

(2)In that Act, in section 24 (application to Northern Ireland), in subsection (4), after “The Corporation Tax Acts” insert—

EEA agreement and EEA state;.

(3)In the Scotland Act 1998 (Transitory and Transitional Provisions) (Publication and Interpretation etc of Acts of the Scottish Parliament) Order 1999 (S.I. 1999/1379), in Schedule 2 (general definitions), after the definition of “Devolution issue” insert—

“EEA agreement” means the agreement on the European Economic Area signed at Oporto on 2nd May 1992, together with the Protocol adjusting that Agreement signed at Brussels on 17th March 1993, as modified or supplemented from time to time.

“EEA state”, in relation to any time, means—

(a)a state which at that time is a member State; or

(b)any other state which at that time is a party to the EEA agreement.

(4)The amendment made by subsection (3) does not have effect in relation to—

(a)an Act of the Scottish Parliament passed before the commencement of this section; or

(b)Scottish subordinate legislation (within the meaning of the Order referred to in subsection (3)) made before the commencement of this section.

Implementation of Community obligations etc

27Power to make orders, rules and schemes

(1)In section 2 of the European Communities Act 1972 (c. 68) (general implementation of Treaties)—

(a)in subsection (2), for “by regulations” substitute “by order, rules, regulations or scheme”;

(b)in subsection (4), for “and regulations” substitute “or orders, rules, regulations or schemes”.

(2)In Schedule 2 to that Act (provisions as to subordinate legislation)—

(a)in paragraph 2, in sub-paragraphs (1) and (2), for “regulations” substitute “any order, rules, regulations or scheme”;

(b)in paragraph 3, for “regulations”, wherever occurring, substitute “order, rules, regulations or scheme”.

(3)In section 29 of the Government of Wales Act 1998 (c. 38) (implementation of Community law) in subsections (2) and (3), for “regulations”, wherever occurring, substitute “any order, rules, regulations or scheme”.

(4)In Schedule 8 to the Scotland Act 1998 (c. 46), in paragraph 15(3), for “regulations” substitute “any order, rules, regulations or scheme”.

(5)Where any enactment passed, or subordinate legislation made, before the coming into force of this section refers to regulations under subsection (2) of section 2 of the European Communities Act 1972, a Minister of the Crown may by order or regulations amend the enactment or subordinate legislation so that it includes a reference to any order, rules or scheme under that subsection.

(6)The powers of a Minister of the Crown under subsection (5)—

(a)so far as exercisable in relation to a matter the exercise of functions in respect of which is within devolved competence (within the meaning of the Scotland Act 1998), shall also be exercisable by the Scottish Ministers;

(b)so far as exercisable in relation to a transferred matter (within the meaning of the Northern Ireland Act 1998 (c. 47)), shall also be exercisable by a Northern Ireland department;

(c)so far as exercisable in relation to a matter in respect of which functions are exercisable by the Assembly, shall also be exercisable by the Assembly.

(7)The power under subsection (5) to make an order or regulations—

(a)so far as exercisable by a Minister of the Crown, the Scottish Ministers or the National Assembly for Wales, shall be exercisable by statutory instrument;

(b)so far as exercisable by a Northern Ireland department, shall be exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)).

(8)A statutory instrument or statutory rule containing an order or regulations under subsection (5)—

(a)if made by a Minister of the Crown, shall be subject to annulment in pursuance of a resolution of either House of Parliament;

(b)if made by the Scottish Ministers, shall be subject to annulment in pursuance of a resolution of the Scottish Parliament; and

(c)if made by a Northern Ireland department, shall be subject to negative resolution, within the meaning of the Interpretation Act (Northern Ireland) 1954 (1954 c. 33 (N.I.)), as if it were a statutory instrument within the meaning of that Act.

(9)In subsection (5)—

(a)“enactment” includes Acts of the Scottish Parliament and Northern Ireland legislation;

(b)“subordinate legislation” means any Order in Council, order, rules, regulations, scheme, warrant, byelaws or other instrument made under any Act, Act of the Scottish Parliament or Northern Ireland legislation.

28Power to make ambulatory references to Community instruments

In the European Communities Act 1972 (c. 68), in Schedule 2 (provisions as to subordinate legislation), after paragraph 1 insert—

1A(1)Where—

(a)subordinate legislation makes provision for a purpose mentioned in section 2(2) of this Act,

(b)the legislation contains a reference to a Community instrument or any provision of a Community instrument, and

(c)it appears to the person making the legislation that it is necessary or expedient for the reference to be construed as a reference to that instrument or that provision as amended from time to time,

the subordinate legislation may make express provision to that effect.

(2)In this paragraph “subordinate legislation” means any Order in Council, order, rules, regulations, scheme, warrant, byelaws or other instrument made after the coming into force of this paragraph under any Act, Act of the Scottish Parliament or Northern Ireland legislation passed or made before or after the coming into force of this paragraph.

29Combination of powers

In Schedule 2 to the European Communities Act 1972, after paragraph 2 insert—

2A(1)This paragraph applies where, pursuant to paragraph 2(2) above, a draft of a statutory instrument containing provision made in exercise of the power conferred by section 2(2) of this Act is laid before Parliament for approval by resolution of each House of Parliament and—

(a)the instrument also contains provision made in exercise of a power conferred by any other enactment; and

(b)apart from this paragraph, any of the conditions in sub-paragraph (2) below applies in relation to the instrument so far as containing that provision.

(2)The conditions referred to in sub-paragraph (1)(b) above are that—

(a)the instrument, so far as containing the provision referred to in sub-paragraph (1)(a) above, is by virtue of any enactment subject to annulment in pursuance of a resolution of either House of Parliament;

(b)the instrument so far as containing that provision is by virtue of any enactment required to be laid before Parliament after being made and to be approved by resolution of each House of Parliament in order to come into or remain in force;

(c)in a case not falling within paragraph (a) or (b) above, the instrument so far as containing that provision is by virtue of any enactment required to be laid before Parliament after being made;

(d)the instrument or a draft of the instrument so far as containing that provision is not by virtue of any enactment required at any time to be laid before Parliament.

(3)Where this paragraph applies in relation to the draft of a statutory instrument—

(a)the instrument, so far as containing the provision referred to in sub-paragraph (1)(a) above, may not be made unless the draft is approved by a resolution of each House of Parliament;

(b)in a case where the condition in sub-paragraph (2)(a) above is satisfied, the instrument so far as containing that provision is not subject to annulment in pursuance of a resolution of either House of Parliament;

(c)in a case where the condition in sub-paragraph (2)(b) above is satisfied, the instrument is not required to be laid before Parliament after being made (and accordingly any requirement that the instrument be approved by each House of Parliament in order for it to come into or remain in force does not apply); and

(d)in a case where the condition in sub-paragraph (2)(c) above is satisfied, the instrument so far as containing that provision is not required to be laid before Parliament after being made.

(4)In this paragraph, references to an enactment are to an enactment passed or made before or after the coming into force of this paragraph.

2B(1)This paragraph applies where, pursuant to paragraph 2(2) above, a statutory instrument containing provision made in exercise of the power conferred by section 2(2) of this Act is laid before Parliament under section 5 of the Statutory Instruments Act 1946 (instruments subject to annulment) and—

(a)the instrument also contains provision made in exercise of a power conferred by any other enactment; and

(b)apart from this paragraph, either of the conditions in sub-paragraph (2) below applies in relation to the instrument so far as containing that provision.

(2)The conditions referred to in sub-paragraph (1)(b) above are that—

(a)the instrument so far as containing the provision referred to in sub-paragraph (1)(a) above is by virtue of any enactment required to be laid before Parliament after being made but—

(i)is not subject to annulment in pursuance of a resolution of either House of Parliament; and

(ii)is not by virtue of any enactment required to be approved by resolution of each House of Parliament in order to come into or remain in force;

(b)the instrument or a draft of the instrument so far as containing that provision is not by virtue of any enactment required at any time to be laid before Parliament.

(3)Where this paragraph applies in relation to a statutory instrument, the instrument, so far as containing the provision referred to in sub-paragraph (1)(a) above, is subject to annulment in pursuance of a resolution of either House of Parliament.

(4)In this paragraph, references to an enactment are to an enactment passed or made before or after the coming into force of this paragraph.

2CParagraphs 2A and 2B above apply to a Scottish statutory instrument containing provision made in the exercise of the power conferred by section 2(2) of this Act (and a draft of any such instrument) as they apply to any other statutory instrument containing such provision (or, as the case may be, any draft of such an instrument), but subject to the following modifications—

(a)references to Parliament and to each or either House of Parliament are to be read as references to the Scottish Parliament;

(b)references to an enactment include an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament; and

(c)the reference in paragraph 2B(1) to section 5 of the Statutory Instruments Act 1946 is to be read as a reference to article 11 of the Scotland Act 1998 (Transitory and Transitional Provisions) (Statutory Instruments) Order 1999 (S.I. 1999/1096).

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